OPPRC delivered an Open Letter asking the City support a Phase III with no additional beds and to support a retrofit of Phase II to constitutionally house those with mental illnesses who must be incarcerated. Let councilmembers know that New Orleans does NOT want a bigger jail!

Call/Email Script

Hi, my name is __________, and I’m a resident and voter in District______. I’m calling to urge you to pass an ordinance that limits the number of people detained in the jail. New Orleans already incarcerates at nearly twice the national average in a country with the highest incarceration rate in the world. Rather than investing $2 million to operate a temporary detention center, we need you to ensure that these funds are being invested into community programs that will truly keep us safe and reduce the number of people in jail. Please follow through on the promises made by members of this Council in May made and pass an ordinance to limit over-incarceration.

City Council Contact

If you do not know who your City Council representative is, call the front desk at (504) 658-1000 and ask!

Cyndi Nguyen

District E

We organize around the following shared values and principles of unity.

We recognize that New Orleans holds the most number of prisoners, per capita, nationwide and are working to minimize the jail population.

We recognize that conditions at OPP are inhumane and pose a threat to the basic safety for those incarcerated within. We are working to improve conditions of confinement for those held at OPP.

We support the demolition and decommissioning of old Orleans Parish jail facilities, beginning immediately as New Orleans continues to work to decrease the jail population.

We support the reallocation of funds from incarceration and detention to building the infrastructure of a caring community. Recreational, educational, mental and physical healthcare, affordable housing and transportation, accessible information, and jobs and job training will make our communities safe, sustainable and thriving places to live.

We support the adoption and implementation of alternative policies and practices to permanently decrease the number of people arrested and imprisoned. Community-based restorative and transformative programs, comprehensive reentry services, and an investment in meeting people’s basic needs, such as food, housing, healthcare, and meaningful work are steps toward realizing genuine public safety.

We support policies and practices that eliminate disparities in policing and arrest procedures, sentencing guidelines, and jail size. Race, gender, sexual orientation, physical and mental ability, immigrant and class status, should have no bearing within the criminal justice system.

We support an open and transparent governance process that is inclusive of community input and accountable decision-making.

We respect the Coalition as a site for diverse political values, strategies, and interests, and we center the voices and experiences of those most impacted by incarceration. In this sense, we respect the differences among the group and support principled debate, while upholding anti-racist and anti-oppressive principles. We also recognize that members may occupy varying positions within the broader community and will honor requests for confidentiality.

1. If you build it they will fill it.

Limiting the beds pressures all the actors in the criminal justice system (judges, police, the Council, the District Attorney, the Mayor and the Sheriff) to implement reforms which lower the rate at which we lock up our people. It also means that funds for construction and maintenance could instead be used to create the infrastructure of a more caring and just community.

2. We already have more than enough beds.

To fill a 1,438 bed jail, New Orleans would still need to incarcerate at a rate of close to double the national average in a state that already incarcerates more people, per capita, than any other place in the world.

A recent report from the Vera Institute of Justice in New Orleans found that we have more than enough jail beds.

3. New Orleans has made significant progress in decarcerating our city.

On the eve of Hurricane Katrina, there were over 6,000 people incarcerated at OPP. Reducing the number of beds in OPP has pushed all actors of the criminal justice system to rethink their practices, and New Orleans’ incarceration rate has declined significantly

OPPRC delivered an Open Letter asking the City to close the Temporary Detention Center (“TDC”) by following through on a promise made six months ago to pass an ordinance that would permanently limit the number of people in the jail. This launched the Coalition’s campaign to permanently close TDC—a facility that was unlawfully reopened after the law mandated its decommissioning in April. Limiting the number of people in jail ensures that the jail population remains below the capacity and eliminates the need to operate a facility for "temporary overflow." Let councilmembers know that New Orleans does NOT need more jail beds! Download the TDC Fact Sheet for more information and talking points!

Call/Email Script

Below is a sample call/email script youmay use when contacting city council.

Hi, my name is __________, and I’m a resident and voter in District______. I’m calling to urge you to pass an ordinance that limits the number of people detained in the jail. New Orleans already incarcerates at nearly twice the national average in a country with the highest incarceration rate in the world. Rather than investing $2 million to operate a temporary detention center, we need you to ensure that these funds are being invested into community programs that will truly keep us safe and reduce the number of people in jail. Please follow through on the promises made by members of this Council in May made and pass an ordinance to limit over-incarceration.

City Council Contact

If you do not know who your City Council representative is, call the front desk at (504) 658-1000 and ask!

We, the undersigned organizations through the Orleans Parish Prison Reform Coalition (OPPRC), write to convey our commitment to the 1,438 bed cap of the jail, our concern about the current operation of the Temporary Detention Center (“TDC”) in violation of local zoning law, and support for an ordinance to address over-incarceration that supports the City’s agenda of decreasing the incarceration rate from near twice the national average.

We call on our City Councilmembers to use their legal authority to pass, within 90 days, an ordinance to address over-incarceration, which would provide for the incremental release of people who do not pose a threat to public safety. This would eliminate the need to operate any additional jail beds beyond the 1,438-bed cap by ensuring that the jail population stays well below the capacity of the jail at all times. This ordinance would further the collaboration already in place with the City’s jail population reduction strategy while eliminating the need to operate TDC.

At the City Council Meeting on May 18th 2017, members of the Council, the City Attorney, and Judge Johnson publicly committed to establishing a strategy to address over-incarceration which would provide for the incremental release of people detained in the jail who pose no risk to a victim or to the public at large. Councilmembers made a commitment to the public that the aforementioned ordinance would be introduced within two weeks. Ms. Dietz also stated that she already had a draft of such an ordinance. Six months later, no such ordinance has been introduced. Yet, in the meantime, TDC was reopened in violation of local law; this is an unacceptable solution the problem of mass incarceration.

Instead, we call upon our council to permanently limit the number of people incarcerated in the jail so that there is never a need for a “temporary overflow” facility. Such an initiative is not without precedent. Members of the Council referenced Jefferson Parish's Code Six in which people who are deemed low risk are released once the jail reaches a certain population. New Orleans has a similar release mechanism when the city is posed with the threat of a Category 3 storm, through which anyone charged with a misdemeanor (except domestic violence and weapons charges) is released from jail. Passing this ordinance and ensuring that procedures are followed would need to be a collaborative effort among criminal justice actors. However, as was stated at the May Council hearing, the Council has the authority to pass and enforce an ordinance to address over-incarceration; passing such an ordinance is a matter of political will.

According to Ordinance No. 24282, TDC was required to be demolished and decommissioned in April 2017. Although a motion to amend this ordinance was introduced in May, the ordinance has not yet been amended, and under current law TDC should not be open. We understand that after TDC was closed, the facility was reopened in July 2017 to allow people to return to New Orleans from facilities outside of the parish. However, ensuring that people are not jailed out of parish could also be achieved through an ordinance that would ensure that there is no “overflow” population and no need to operate TDC. Operating TDC is a major step backwards in the City’s efforts to reduce the jail population. Prioritizing the release of those who do not need to be in jail would permit the return of those being held out of parish while eliminating the estimated expense of $2.8 million annually from City’s budget to operate 200 beds in TDC.

The undersigned are calling on City Council to pass an ordinance that permanently limits the number of people in the jail and ensures that TDC is permanently decommissioned and demolished as per local law. We are calling on City Council to follow through, within 90 days, on their commitments made to the public in May. OPPRC is prepared to take further legal action to remedy the unlawful operation of TDC should this not occur.

This Council has shown bold leadership and a commitment to reducing mass incarceration. And yet, New Orleans still incarcerates residents at nearly twice the national average in a country with the highest incarceration rate in the world. The jail remains one of the most dangerous in the country; earlier this month, Evan Sullivan died while in custody in TDC, following the death of Narada Mealey just days before. Nobody should die in jail, let alone in a jail facility that is unlawfully operated. We urge this Council to make good on their promises to the public and take the abovementioned steps to permanently reduce the number of people incarcerated in New Orleans.

On May 11th, at 10 AM the Criminal Justice Committee of City Council is scheduled to hear a presentation about the proposed jail expansion.
Let's pack the house and let them know New Orleans does NOT need more jail cells! Check out Facebook.com/OPPReform for details, as City Council meeting dates often change.

Click HERE to download "Debunking the Jail Expansion in New Orleans" for more information and talking points!

Can't make the meeting? Call your City Council representative to let them know you OPPOSE more jail cells! See below:

Call Script

Below is a sample call script you may use when contacting city council.

Hi, my name is __________, and I’m a resident and voter in District______. I’m calling to urge you to say NO the proposed jail expansion, and YES to the retrofit option. New Orleans has the ability to adequately care for people in the jail without increasing the number jail cells—an option that you yourself have supported in the past. Instead of investing in the infrastructure of mass incarceration, I urge you to spend time and resources investing in what will truly keep my community safe—healthcare, affordable housing, transportation, and jobs. Please reject the jail expansion proposal and put the retrofit back on the table in order to keep our communities safe, healthy, and whole. During this election year I will be watching this issue closely.

City Council Contact

If you do not know who your City Council representative is, call the front desk at (504) 658-1000 and ask!

We, the undersigned organizations through the Orleans Parish Prison Reform Coalition (OPPRC), write in response to the Supplemental Compliance Action Plan filed on January 4, 2017 by Compliance Director Gary Maynard. We wish to convey our firm commitment to the 1,438-bed cap of the jail, and our opposition to any jail expansion in excess of that cap. Our position is grounded in our commitment to improving conditions for people with mental illnesses, and in improving public safety through ending over-incarceration. We call upon our City Council representatives to use their authority to support a Phase III with no additional beds, support a retrofit of Phase II to constitutionally house those with mental illnesses who must be incarcerated, and oppose the renovation of the Temporary Detention Center (TDC), in order to truly improve safety for residents inside and outside of jail.

The responsibility of ensuring that the Orleans Justice Center does not expand beyond 1,438 beds lies with the City Council. According to the Stipulated Order for Appointment of Independent Jail Compliance Director, which tasked the Compliance Director with developing a plan for special populations, “The City of New Orleans shall maintain final authority and approval over capital expenditures associated with that plan, including use of Templeman II FEMA funding exclusively for the use of that plan.” Additionally, under the Prison Litigation Reform Act (PLRA), a federal judge cannot order the construction of a jail building.[1] Finally, according to Ordinance No. 24,282, construction of additional jail buildings will require a conditional use permit with final approval from City Council, and any operating budget associated with Director Maynard’s plan also requires the approval of City Council. Thus, City Council has the authority and responsibility to ensure that no additional jail beds are constructed; doing so is a matter of the political will of our elected Councilmembers. Below is our response to Director Maynard’s plan, as well as suggestions for an alternative plan for housing Special Populations in the jail.

The undersigned are adamantly opposed to the addition of 89 more beds in the Phase III building, which would significantly undermine the City’s efforts to reduce mass incarceration and improve public safety. As members of the Council are aware, New Orleans incarcerates its residents at nearly twice the national average in a country that has the highest incarceration rate in the world.[2] The City of New Orleans has made significant progress in reducing mass incarceration, and has committed to reducing the jail population to 1,277 by 2018 through the Safety and Justice Challenge.[3] There is no long-term need to build more jail beds, and approving this proposed expansion would be a major step backward.[4]

While we share a deep concern for the condition of people with acute mental illness in the jail, Phase III is an inappropriate way to care for people with severe mental illnesses, who do not belong in jail. Providing constitutional conditions in the existing jail can be achieved through a smart retrofit of Phase II facilities to safely house people until they can be transferred to a hospital. City money used to operate a mental health jail is money that could be spent on mental health treatment in the community, to prevent people from entering the criminal justice system to begin with, and to care for them when they are released. As we have seen through too many deaths of people with mental illness in the jail, jail is an unsafe environment for people with mental illnesses, and can exacerbate existing mental health conditions.[5] A mental health jail is not a true or appropriate “solution.”

Furthermore, the details and costs for the recommendation remain ambiguous, and to support a plan without adequate details is irresponsible. Based on the limited information available, it could cost an estimated $2.2 million annually, at least, to operate the 89-bed part of the Phase III building, according to estimates from the Vera Institute of Justice. Although the costs of Phase III are obscure, the human costs of investing in the infrastructure of mass incarceration are known. Destabilizing families and communities is a waste of taxpayer dollars, and does not contribute to public safety.

In addition, we oppose the proposed renovation of the Temporary Detention Center (TDC) for 200 “overflow” beds for several reasons. First, TDC is not a solution to bringing those held out of parish back to Orleans parish, as it was intended. Currently, there is inadequate staff for the existing Phase II facility, and it will take several months at minimum to reach appropriate staffing levels for an additional facility. Secondly, opening a facility for an “overflow” population creates a dangerous precedent, and undermines the city’s efforts to reduce its incarceration rate; the City instead should prioritize releasing those who do not need to be in jail, rather than opening an “overflow” facility. [6] Thirdly, it will cost an estimated $2.8 million annually to operate 200 beds in TDC, and because FEMA funds are not available to renovate TDC, renovation expenses will likely come out of the City’s budget. Thus, it is irresponsible to invest so much of the city’s resources into a temporary building that does not adequately address the problem it was intended to solve; instead, energy, resources, and attention should be shifted towards reducing the number of people who do not need to be in jail.

Though we oppose the 89-bed expansion and the renovation of TDC, we applaud several aspects of Director Maynard’s recommendation, in particular, his recommendation for an infirmary, additional attorney visitation rooms, and additional family visitation rooms. These recommendations will greatly enhance the safety and wellbeing of those held in OPSO custody, will ensure that cases are processed more quickly, and will help people who are incarcerated maintain their relationships and connections to their family and community.

The undersigned wish to propose that City Council take the following position: 1) support a Phase III building, with the auxiliary services proposed by Director Maynard, without any additional jail beds, 2) support a retrofit of Phase II to constitutionally house those with mental illnesses who must be incarcerated, and 3) oppose the renovation of TDC, and instead focus resources on reducing the jail population. City funds spent operating both TDC and the 89-bed facility in Phase III could cost upwards of $5 million annually, in addition to the renovation costs associated with TDC. This money could be better spent investing in de-carceration efforts, as well as mental health treatment outside of the jail.

New Orleans residents were promised that the new jail facility would be capped at 1,438 beds and would eliminate the violence and neglect that plagued OPP. And yet, the recent deaths in the Orleans Justice Center are a tragic illustration of the dire need to oppose an expansion of the jail in the name of mental health. Just two weeks ago, Colby Crawford, who had a history of serious mental illness, died while in custody at the Orleans Justice Center while awaiting trial after pleading not guilty by reason of insanity. Preliminary reports show that not a single deputy was on the tier at the time of his death. Hours before his death, the family of Cleveland Tumblin filed a lawsuit against jail officials after Mr. Tumblin, who suffered from bipolar disorder, committed suicide in the jail last year.

Neither of these two men should have ever been incarcerated in the first place. The recommendation for an expansion further exacerbates many of the factors that led to these deaths, including the critical staffing shortage. In no way does it make sense to expand the jail as a solution to the atrocious conditions inside. Jail is an inappropriate and dangerous place for people with serious mental illness, and we oppose any jail expansion in their name.

Sincerely,

The Orleans Parish Prison Reform Coalition

Undersigned organizations:

American Civil Liberties Union (ACLU) of Louisiana

ATD Fourth World

BreakOUT!

Congress of Day Laborers

Fight for $15

Healing Minds Nola

Hope House

Project Detour

Stand with Dignity

Voice of the Experienced (VOTE)

Women with a Vision (WWAV)

To:

Councilmember Stacy Head, At-Large

Councilmember Jason Williams, At-Large

Councilmember Susan Guidry, District A

Councilmember LaToya Cantrell, District B

Councilmember Nadine Ramsey, District C

Councilmember Jared Brossett, District D

Councilmember James Gray II, District E

Cc:

Compliance Director Gary Maynard

Mayor Mitchell Landrieu

Federal Judge Lance Africk

[1] Section 802, subsection C of the Prison Litigation Reform Act of 1996 states that “Nothing in this section shall be construed to authorize the courts, in exercising their remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the courts.”

[6] According to the recent Vera Report, “Past Due: Examining the Costs and Consequences of Charging for Justice in New Orleans,” in 2015 over 550 people on any give day were in jail because they couldn’t pay bail or were arrested for unpaid fines and fees. The City of New Orleans invests significant resources incarcerating people who do not need to be in jail, and who pose no danger to themselves or to society.

On January 12, 2017, New Orleans City Council unanimously passed a municipal bail reform ordinance that eliminated money bail for most municipal charges. OPPRC has been advocating for municipal bail reform for nearly two years.
OPPRC applauds the City Council in taking on this important issue. While this ordinance is an important step towards righting the injustices of the justice system, much work remains to be done towards ensuring that nobody is incarcerated simply because they are poor.

Call your City Councilmember to thank them for their leadership in this issue, and to encourage them to oppose the recommended jail expansion.

Hi, my name is __________, and I'm a resident and voter in District______. I'm calling to thank you for voting for municipal bail reform. This ordinance is an important step in righting the injustices of our justice system. I am also calling to encourage you to oppose the recommended jail expansion, in order to continue to reduce mass incarceration in New Orleans. Thank you for your leadership.

OPPRC opposes the decision to expand the jail, a decision which flies in the face of what New Orleans residents have demanded, and what our leaders have publicly committed to doing. For many years, New Orleans residents have voiced a clear and unwavering commitment to reducing the incarceration rate in New Orleans. In just the past two months, an overflowing Town Hall saw every single public comment opposed to jail expansion, and over 100 community members attended a vigil across from the jail, with many New Orleans residents choosing to sleep out overnight to make their outrage clear. In addition, over the course of only one month, over 1,000 people signed a petition in opposition to a jail expansion. Mental health officials, criminal justice specialists, and New Orleans residents clearly and overwhelmingly oppose construction of a new jail building and any increase in the jail population.
Furthermore, the decision to expand the jail is in direct opposition to the public commitments our leaders have made to reduce mass incarceration in New Orleans. The decision comes at the same time that the MacArthur Safety and Justice Challenge grant, awarded to the City of New Orleans to shrink the size and population of the jail, funds the Sheriff’s Office, City Council, New Orleans Judges, the Police Department, Probation and Parole, the DA, and the Orleans Public Defenders. The City of New Orleans maintains “final authority and approval” over expenditures related to this plan. We call upon Mayor Landrieu and City Council to use their authority to make the right decision: refuse to fund this plan to expand the jail.

RE: COMMUNITY OPPOSITION AGAINST JAIL EXPANSION TO REMEDY CONDITIONS FOR SPECIAL POPULATIONS AT ORLEANS PARISH PRISON

Dear Mayor Landrieu,

We write to you to request your leadership on an important decision facing the city of New Orleans on December 1 around care for incarcerated “special populations.” We, the undersigned organizations through the Orleans Parish Prison Reform Coalition, write to convey our firm commitment to the 1,438 bed cap and opposition to building an additional jail building (Phase III) as a ‘solution’ to remedy conditions for incarcerated “special populations.” We call on the Mayor’s Office to use its legal authority to commit to oppose any options involving the expansion of the jail, and instead support the constitutional option of a retrofitting of the current jail to better care for incarcerated special populations.

Louisiana has the highest incarceration rate in the world and New Orleans is at the epicenter of the incarceration crisis. After Hurricane Katrina, the Mayor’s Office responded to community calls for a smaller jail and formed a Working Group to explore the size of the proposed new jail. The Working Group recommended the new jail be capped at 1,438 beds. In 2011, New Orleans City Council unanimously passed an ordinance[1] mandating that the new jail building be capped at 1,438 beds and be able to accommodate all inmates. Although this rate of incarceration remains 1.5 times the national average, the decision to cap jail beds was a significant and bold step curbing our cycles of incarceration.

Under court order, Compliance Director Gary Maynard and the City of New Orleans have until December 1 to create a plan to remedy conditions for incarcerated “special populations.” We understand that two plans are currently under investigation: retro-fitting the current jail or expanding the jail to specifically incarcerate “special populations” (Phase III). The Phase III option, first proposed by Sheriff Gusman, would increase the number of beds in New Orleans by hundreds, in conflict with local ordinance no. 24,282 and the clearly stated wishes of New Orleans residents. This option may also conflict with the Americans with Disabilities Act, which states in § 35.152 that “public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals.”

In contrast, a smart retro-fit of a section of the present jail would constitutionally remedy conditions for incarcerated “special populations.” It could accommodate an infirmary for individuals with physical illness or injuries requiring special care, as well as individuals with severe mental health issues who the court deems require incarceration. Such retro-fitting would be less expensive to build and operate and could result in changes for incarcerated individuals in a much shorter period of time, a vital factor considering recent deaths of incarcerated “special populations.”

We understand that Compliance Director Maynard and the City of New Orleans must come to a decision by December 1, 2016. We also understand that the Mayor’s Office has the legal authority to reject an option chosen by the Compliance Director, as set out in the text of the Order on the Role of the Compliance Director stating that: “The City of New Orleans shall maintain final authority and approval over capital expenditures associated with that plan, including use of Templeman II FEMA funding exclusively for implementation of the plan.”

While we maintain that the best option for special populations can only occur outside jail cells and prison walls, expanding New Orleans’ jails to specifically incarcerate “special populations” is the most dangerous option. We supported the city in its decision to put a limit on jail size. We must not move backwards on an issue so unfortunately central to New Orleans’ residents’ lives, and therefore call on our Mayor’s leadership in standing firm on city commitments. The Mayor has the legal authority and community support to firmly oppose any options expanding jail size. We call on you to firmly oppose Phase III jail expansion as the solution to remedy conditions for incarcerated “special populations” and to make this position publicly known to residents in the city of New Orleans. As you know, you have been invited to share your position and hear from the public at a Town Hall meeting on Monday, November 21st, at 4 PM at 2022 St. Bernard Ave.

We are happy to provide more information on these matters, and can be reached through Adina Marx-Arpadi at adina@vote-nola.org or at (917) 837-7343.

OPPRC is deeply disturbed by the news of Jaquin Thomas’ death in OPP, and extends condolences to his family and community. His is the 48th death in OPP since 2006, and the second death, following Cleveland Tumblin’s suicide in March, to occur in the Orleans Justice Center, which opened just over a year ago. Many questions remain surrounding the circumstances that led to this 15-year-old's alleged suicide in an adult jail.

Thomas' death is a tragic reminder of the brutal, violent, and deadly conditions inside OPP. His death illustrates the need for increased accountability and community oversight, and the need to oppose any plans to expand the jail. At a time when the jail is severely understaffed, when protocols have not been written or followed, when classification systems are repeatedly ignored, and when the jail has been mismanaged for so many years, building more beds and exposing more people to the violence and neglect will do nothing to improve public safety. A smaller jail is a safer jail. Children and people with mental illness should not be in jail, and we will continue to oppose any jail expansion in their name.

Councilmember Guidry has introduced an ordinance that would eliminate money bail and pretrial detention for most municipal offenses. The ordinance, which was first proposed by the Orleans Parish Prison Reform Coalition (OPPRC), will be heard at the next Criminal Justice Committee meeting which is scheduled for Monday, September 19th, at 11:30 AM.
Under the ordinance, most people arrested for municipal offenses would be released on their own recognizance (ROR) and given a date to return to court. Exceptions to this ordinance include people charged with domestic violence, battery, and illegal carrying of weapons. In those cases, defendants will have a first appearances hearing within 24 hours of arrest, in which a judge must prove that a defendant is a flight or public safety risk in order to impose only the least-restrictive non-financial release conditions which in no case will exceed a $2500 bond. Without proving those two things, those defendants, too, will be given an ROR.

OPPRC, a local coalition dedicated to making Orleans Parish Prison (OPP) safer and smaller, has been advocating for this ordinance for over a year, with the help of member organizations such as Women with a Vision, Hope House, New Orleans Workers Center for Racial Justice, the ACLU of Louisiana, and VOTE. If passed, the ordinance would reduce the jail population by reducing the number of people in OPP awaiting trial who, if convicted would likely not receive a jail sentence.

According to data obtained by the Vera Institute of Justice, in the first 7 months of 2016, there were over 1,000 bookings for municipal offenses (excluding people arrested for a municipal charge along with a warrant, new state misdemeanor, or felony charge), and the average length of stay for this population was three days.

People often feel pressure to plead guilty to a crime they may not have committed just to get out of jail, say proponents of this ordinance. Most municipal charges carry little, if any, jail time as a sentence, but a person may wait in jail for weeks, months, or even years for trial if they do not come up with the money for bond, or do not plead guilty.

“Many of our members are structurally unemployed, or working low-wage jobs. When they are arrested for municipal charges, they are faced with impossible choices—take a plea deal and get out of jail, or wait in jail until they can come up with money for bond, until the charges are dropped, or until their trial. When I was arrested for a municipal charge, my mother didn’t have the money to come up with a $2500 bond. I couldn’t go to work, and I was away from my kids. I pled guilty after 7 days, knowing that if I didn’t, I’d be there for much longer.” Said Alfred Marshall, an Organizer with Stand with Dignity and member of OPPRC.

Incarcerating people who do not need to be in OPP—the local jail that has been riddled with violence over the years—does not enhance public safety, argue members of OPPRC. "Incarceration has serious effects on people's lives, and can result in job loss, loss of housing, and disruption of family and community life, all of which diminish public safety and destabilize communities," said Nia Weeks, Director of Policy and Advocacy for Women with a Vision.

Legal advocates point out that current bail practices may violate the constitutional rights of indigent defendants. “The key constitutional issue behind this ordinance is simple: It is unconstitutional to jail a person simply because they are poor. Our courts have ruled time and again that wealth should not determine liberty. As recently as last month, the Department of Justice ruled that incarcerating indigent defendants solely on their inability to pay bond is unconstitutional. This ordinance is a chance for New Orleans to show that it need not be sued in order to do the right thing,” Said Bill Quigley, Professor of Law, Director of the Gillis Long Poverty Law Clinic and Director of the Stuart Smith Law Clinic and Center for Social Justice at Loyola University New Orleans College of Law

The ordinance is scheduled to be heard by the Criminal Justice Committee of City Council on Monday, September 19th at 11:30 AM.

It's finally happening! The Municipal Bail Reform Ordinance that OPPRC has been advocating for for over a year will finally be heard by City Council! The ordinance would eliminate financial bail and pre-trial detention for most municipal charges, and reduce the number of people unnecessarily incarcerated at OPP.
The hearing will take place on Monday, 9/19 at 11:30 AM in Council Chambers (1300 Perdido Street). We will be having a rally and press conference at 11 AM. (Please note the time change!) Wear orange to show your opposition to locking up the poor!

If you can't attend the hearing, please sign this declaration of support, and contact your City Council Representative (contact information below). Below is a sample call/email script:

Hello, my name is ________ and I am a resident and voter in District __________.

I am [calling/writing] in support of OPPRC’s municipal bail reform ordinance. I am concerned that too many people charged with low-level offenses are sitting in jail awaiting trial because they are too poor to pay their bond. Some will never be charged with a crime, some charged will not be convicted, and of those convicted, many will not be sentenced to incarceration.

[If you have a personal story you’d like to share, please share it here.]

In addition to increasing the number of people in jail, and in addition to the tax-payer costs associated with incarcerating our community members, pre-trial detention has serious, destabilizing effects on people’s lives. People can lose their jobs, their homes, and their kids, while they await trial for a crime they are, by law, innocent of until they are proven guilty. OPPRC’s ordinance is an important first step in de-criminalizing the poor and making our community safer, and I hope you support it.

On May 18th, 2016, the Orleans Parish Prison Reform Coalition (OPPRC) along with several other organizations filed an amicus brief in the Jones v. Gusman lawsuit. The amicus brief asked Judge Africk to create an independent community based oversight board with real authority to monitor conditions of confinement in Orleans Parish Prison, whether receivership be granted or not. This motion was denied, and an agreement concerning receivership was reached.

According to the terms of the agreement, an Independent Compliance Director with final authority to oversee the jail will be tasked with bringing the jail into substantial compliance with the Consent Judgment. It is OPPRC’s belief that without meaningful transparency and community oversight, long-term, sustainable, humanistic care cannot be provided. Given the absolute need for more transparency and accountability to the community in the actual operation and oversight of the New Orleans jail, we request the following:

A public meeting to inform community members of the details and terms of the receivership agreement, and to provide a space for questions and input. Given that a search for a Compliance Director is already underway, this public meeting should occur as soon as possible.

A public Compliance Director interview process, whereby community members may interview potential candidates for Compliance Director. This may occur in the form of a candidates’ forum or town hall.

The creation of a process through which the public may submit feedback and input during the search for Compliance Director.

The appointment of community representatives to liaise between community members and officials involved in the Compliance Director search process. These representatives should reflect the communities that are most impacted by the operations and conditions of the jail and therefore have deep knowledge and expertise of the issues at hand.

Community involvement over the Compliance Director search process is just the beginning of a process of creating greater oversight over our jail. For over 10 years, OPPRC has been heavily involved in campaigns to reform jail conditions and shrink our jail size in order to create a safer and more just New Orleans. We ask that citizens be included as partners in the process of making our jail safer, smaller, and more humane. This is just the first step, and we stand ready to work with any and all parties to implement it.

Last week, a federal judge announced the terms of the agreement reached between Sheriff Marlin Gusman and plaintiffs in the Consent Decree over the jail (including inmates in the jail, the City of New Orleans, and the US Department of Justice). According to the terms of the Receivership Settlement, a Compliance Director will oversee operations of the jail and has final authority over budget, contracts, personnel, and policies. Though the sheriff may offer advice and give approval, the Compliance Director has final authority and answers to the court.
OPPRC remains committed to a safer, smaller, more humane jail. We continue to advocate for community oversight, to advocate for the safety of all who are inside OPP, and to oppose the expansion of our jail system with an additional jail building. We believe appointing a Compliance Director with authority over the jail is an important step towards a safer, smaller jail.

As Sheriff Gusman “relinquishes control over the jail,” our demands for a safer, smaller, more humane jail, one that is operated transparently with the input of the community, remain unchanged.

By Mariama Eversley
“The jail is still not in compliance. And the sheriff wants more buildings, more beds, but that is not the solution.” said Beverly Greer at a press conference the Orleans Parish Prison Reform Coalition (OPPRC) held in front of Federal Court last Wednesday in advance of the receivership hearing that may relieve Sheriff Marlin Gusman of his power. Greer spent three days trapped in Orleans Parish Prison (OPP) with no air conditioning, food, or water in the aftermath of Hurricane Katrina, “we need more community oversight so we can know what’s really happening inside” she said along with other families who testified about the poor and inhumane conditions in the jail citing preventable suicides and loved ones dying in restraints. From 2009 to the present, 29 people have died while in custody in OPP.

The OPPRC along with 9 other community organizations echoed these remarks in their amicus brief and petitioned the court to create an independent community based oversight board that could challenge ongoing violence and neglect plaguing the jail. Although Judge Africk already rejected the measure, the body would maintain the authority to, “subpoena and compel any and all testimony and any and all documents necessary to perform its responsibilities to participate in overseeing conditions of the jail.” Using the guiding principal that those closest to the problem are the closest to the solution, the board’s composition would be reflective of community members most impacted by incarceration.

Although community oversight boards of local jails are a rarity, its proponents say the criminal justice system in the world’s prison capital merits exceptional solutions. Norris Henderson Founder and Executive Director of Voice of the Ex-Offender says community oversight could address the wall of secrecy integral to prison culture, “I tell people all the time this about prisons: those fences are not to keep people in, they’re to keep people out”. Armed with official mechanisms Henderson believes oversight could improve the treatment of inmates, “It’s not like I’m going to come and run the jail for you,” he said explaining the board’s intentions, “it’s checks and balances so that when…the jail is saying ‘ain’t nothing going on wrong’ but the medical staff is saying ‘we’re stitching up people every day’ well, that’s because there’s no oversight. With community oversight, somebody would be in there every day, or two to three times a week fact finding.”

Cycles of Violence

While the sheriff’s lawyers claims the office needs more time to reach compliance, others say 2 ½ years is enough. Sister Rfuaw Diarra, a member of Families and Friends of Incarcerated Children (FFLIC), recounted at Wednesday’s press conference the medical neglect and isolation her son endured during his incarceration in the newly opened jail, “In the new jail, he was locked down for 20-22 hours a day. The food was still awful, and they didn’t feed him enough. When he said that he needed something for his asthma, or that his pump was empty, or he needed pain medicine for his gunshot wound, he would be ignored.” Despite the construction of the Orleans Justice Center, the sheriff’s department remains less than 10% compliant of the federal consent decree issued in 2013.

The persistent violence in New Orleans jails is not contained within its walls. Local advocates for criminal justice reform say many conflicts that end in bloodshed on the street begin inside the jail. Brother Don, a member of OPPRC and Executive Director of HOPE house says the experience of incarceration itself is a violent one and expressed the need for a community presence to counter feelings of desperation, “When you’re confined, told what you need to do, and punished for what you do wrong, you have very little control over your feelings and your emotions. The jail is going to be a violent place… the only way around it is to treat people different.” In a word, the state violence of jail makes a violent city. In the long run supporters of the community based oversight board envision a smaller, safer, and humane jail yielding a safer and more humane City of New Orleans.

Community Organizations Call for Community Oversight over Jail in Advance of Receivership Hearing

New Orleans- The Orleans Parish Prison Reform Coalition (OPPRC), in conjunction with several other organizations, will hold a press conference on Wednesday, May 25 at 7:45 AM outside of Federal Court (500 Poydras Street) to demand community oversight of the jail and highlight the urgent need for changes at OPP. Ten community organizations, including OPPRC, together filed an Amicus Brief in Federal Court last week, in advance of the receivership hearing, asking Judge Africk to appoint an independent, community-based board to oversee the jail. OPPRC and partners proposed that the board would consist of community members most impacted by the operations and conditions in the jail, and that the board would have real authority to permanently monitor conditions in the Orleans Justice Center.

The amicus, which was denied by Judge Africk, was filed by OPPRC, Voice of the Ex-Offender (VOTE), Women with a Vision (WWAV), Ubuntu Village, The Justice and Accountability Center (JAC), BreakOUT!, Hope House, Families and Friends of Louisiana’s Incarcerated Children (FFLIC), the New Orleans Center for Racial Justice (NOWCRJ), and the Black Youth Project (BYP) New Orleans.

OPPRC said in a statement: “Those that have been most impacted by our criminal justice system are closest to the solutions that will transform it. If Receivership occurs, and the court opts to remove an elected official from office, we need community oversight. And if Receivership does not occur, we need oversight to ensure that our jail is safer, smaller and more humane. It is past time for this to happen.”

The proposal states that the board would have subpoena power and the ability to conduct visits to all areas of the jail. The community oversight board would be responsible for reviewing and analyzing all complaints, internal investigations, internal policies, and data, communicating with the public and media, and making policy and procedure recommendations that would improve conditions of confinement and reinforce the changes that are needed at OPP.

Nationwide, there are over 100 community oversight agencies, although most have focused on oversight over policing. Community boards that oversee jails are rare, although local advocates have argued that the extraordinary circumstances leading to the possibility of receivership over a jail located in the incarceration capital of the world warrant it. OPPRC first proposed the establishment of an Independent Monitor to oversee conditions at OPP in 2004 when it created a Nine-Point Platform for Change at OPP, which Sheriff Gusman signed.

The organizations filing the brief highlighted the urgent need for changes at OPP, demanding the end to the violence in the jail, and reiterating their opposition to Sheriff Gusman’s bid for a larger jail building, known as Phase III. Beverly Greer, an OPPRC member who was incarcerated at OPP during Hurricane Katrina, said “The mildew and mold may be gone but the internal makeup is still prevalent and more so in the new jail building. It’s just a facelift… The jail is still not in compliance. And the sheriff wants more buildings, more beds, but that is not the solution. We need community oversight so we can know what’s really happening inside…. Sheriff Gusman abandoned us during Katrina, and he’s still abandoning us today.”

New Orleans, LA—Several prominent faith leaders, in collaboration with the Orleans Parish Prison Reform Coalition (OPPRC) held a press conference at 11:00am on March 21, 2016 in front of the new jail to demand that Sheriff Marlin Gusman resign from office immediately, citing the pervasive culture of violence and neglect in the new jail.

The latest federal consent decree over OPP has been in place since 2013. The federal court-appointed jail monitors testified last month that the new jail, which has been opened since September 2015, is far from safe, despite Sheriff Gusman’s promises that conditions would improve in the new jail facility. In the first three months in the new jail, the monitors reported that there were over 150 incidents (119 of which had not been reported), including over 200 assaults, 16 attempted suicides, 44 uses of force (of which only 20 were reported), 3 sexual assaults, and one death from a chronic illness. The first 33 days of 2016 logged 114 incidents in the new jail, and just two weeks ago Cleveland Tumblin died of self-inflicted injuries in the jail. And now Sheriff Gusman paid $1.7 million to settle the lawsuit of yet another inmate who committed suicide in the prison. Despite paying the large settlement, the sheriff denies responsibility for the death.

“The culture of violence and neglect that has plagued OPP continues into the new jail. Awaiting trial at Orleans Parish Prison is no less of a death sentence than it used to be,” said Norris Henderson, a member of OPPRC and the Executive Director of VOTE. “We have waited 12 years for the changes Gusman promised, and now we are demanding that he get out of the way so that the changes our community needs can finally be implemented.”

The participating ministers say, " We are not willing to continue supporting a sheriff who continues to mismanage our jail, and who seeks to add more beds to a jail that already warehouses too many of our community members."

“We would not be responsible leaders if we allowed irresponsible things to happen to our community. This is about the violence and destabilization that members of our community face in there. As we celebrate passion week, isn’t it divinely ironic that we as leaders don’t want to repeat the errors of Pontius Pilate and wash our hands as our brothers and sisters are being crucified in the Orleans Parish jail.

On Monday and Tuesday, Sheriff Marlin Gusman faced two hearings in federal court. Monday's hearing concerned Orleans Parish Sheriff’s Office's (OPSO) plan for staffing the new jail (now called the Orleans Justice Center, or OJC), in light of the sheriff's announcement last week that he would send people with state charges back to state custody. At Tuesday's hearing the monitoring team reported on the conditions in OJC, the first official report since the move to the new building.
Recap of the hearings:

At Monday’s hearing, Judge Africk began by fining both the city’s and the sheriff’s attorneys $1000 each for their failures to submit a document on time to the court. (Don’t worry taxpayers, the fines will come out of the attorneys’ own pockets, not ours). Chief of Corrections Carmen DeSadier was asked how the removal of people serving state sentences would affect the staffing shortages in the jail. DeSadier did not appear to know where her staff worked and what their duties were—eventually Judge Africk ordered the sheriff’s staff to check with payroll for a list of over 700 employees, and to submit that list along with the duties of each person to the court. In addition, the sheriff's attorney explained the system for housing people in the new jail (which the monitor pointed out was essentially meaningless given the lack of adherence to a classification system), and Judge Africk asked for the details of who in the sheriff's custody had state charges, who would be sent back to state custody, and who would remain at OJC and why. The sheriff’s staff appeared to have little idea about who was in their jail and who worked for them, and the sheriff himself was ordered to testify the next day.

At Tuesday’s hearing, Judge Africk and the monitoring team expressed their concerns at the lack of progress, and Judge Africk expressed particular frustration over the mounting costs of this lawsuit . The monitors reported that the levels of violence in the new jail were “absolutely unacceptable.” Because of the lack of reporting by OPSO, the monitors had consulted with the medical log to identify incidents of violence. The numbers are staggering: In the first 3 months in the new jail, there were 150 incidents (119 of which had not been reported), including over 200 assaults, 16 attempted suicides, 44 uses of force (of which only 20 were reported), 3 sexual assaults, and one death from a chronic illness. There have already been 114 incidents in 2016 alone. We heard, too, about the monitors' explanations for why violence remained so high, reasons which including a lack of a system of classification, and inadequate training and supervision of the sheriff's deputies who staff the jail. These reports confirm what we already knew—that despite the shiny new facility, our community members remain unsafe and at risk of violence and death in the sheriff’s custody.

Our thoughts, in short:

We share Judge Africk and the monitoring team’s frustration at the continued violence and mis-management of the jail; this frustration is long overdue. We have known that despite the opening of OJC, little has changed in the way OPSO runs the jail, and the lives of our community members who are locked up continue to be endangered every minute that OPSO fails in their duty to protect them from harm and violence.

We are disappointed that so much emphasis during the hearings was placed on the financial costs of these hearings, rather than on the human cost to our community, and are disappointed that our elected officials do little more than point fingers to address our jail crisis. It’s time our elected officials put our community, not their careers, first.

Next week, Sheriff Gusman will face two federal court hearings concerning the size and conditions of our jail. On Monday, he will face a hearing over his decision to remove nearly 300 people (all awaiting trial) out of Orleans Parish Prison and across the state—causing a host of constitutional crises including missed court dates and denied access to legal representation—while he warehoused nearly 300 people serving state sentences, none of whom he had a legal obligation to hold. On Tuesday, Sheriff Gusman will face a status conference on compliance with the federal Consent Decree. Despite the brand new facility, conditions at OPP remain violent, unsafe, and out of compliance with constitutional standards.
The illusion has been created that conditions in the jail have improved, and that an additional jail building is necessary. In reality, despite the brand new facility, the culture of neglect and disregard for the safety of our community members who are incarcerated persists. By shuffling pre-trial inmates across the state while he maintained an ineffective reentry program for state inmates, and by continuing to refuse to retrofit Phase II to accommodate special populations, Sheriff Gusman is seeking to expand our jail system and expose too many New Orleanians to the violence and horrors of OPP.

We cannot incarcerate our way out of our social problems. Roughly 10% of the city’s budget is now spent operating the jail, a figure that will only increase if Phase III is built. We could be reallocating those funds towards building the infrastructure of a caring, safer community—affordable housing and transportation, mental and physical healthcare, drug rehabilitation programs, jobs and job trainings, libraries, community centers, equitable schools, cultural activities, all of which we know to be effective in keeping us safe. Communities are destabilized when breadwinners are thrown behind bars, when children lose their parents to the system, and when those who were incarcerated are locked out of nearly every opportunity for advancement if and when they come home. Expanding our jail will not keep us safer.

Again and again our community has spoken. We have demanded a safer jail, and a smaller jail. Through the work of the Orleans Parish Prison Reform Coalition (OPPRC), and a broad coalition of concerned leaders and community members, we have demanded the beginning of the end of our incarceration crisis—we fought for the federal consent decree to improve conditions, and we worked hard to get the 1,438 cap cemented into law. And yet, we find ourselves working fiercely to protect all that we’ve won.

Judge Lance Africk, we urge you to do what’s right. A large, dangerous jail is not a solution. We urge you to hear our demands for alternatives.